Within the scope of recent news, the government of Assam has made over 2,000 arrests in a campaign against child marriages. These arrests are targeting those who have participated in such marriages over the past seven years, with an emphasis on religious figures who presided over them. The arrests spark a wider discussion on the minimum marriage age for Muslim women.
The Legalities of Child Marriage Arrests
The individuals arrested face persecution under two key pieces of legislation: the Protection of Children From Sexual Offences (POCSO) Act and the Prohibition of Child Marriage Act (PCMA), 2006. The POCSO Act criminalises sexual relations between a minor and an adult, considering minors unable to give valid consent. If found guilty, the accused faces a non-bailable, cognisable offence and can be promptly arrested without a warrant.
The PCMA deems child marriages as illegal. However, they are not automatically nullified but can be voided by the minor involved if they choose to petition the court. Penalties for violating the PCMA include rigorous imprisonment that may extend to two years or a fine up to one lakh rupees.
Controversy Surrounding Muslim Age of Marriage
There is considerable discrepancy between the provisions of the Muslim personal law and the special laws prohibiting child marriage. The Muslim personal law considers the marriage of a bride who has reached puberty legal. However, this stance clashes with legislative restrictions on child marriages, creating a cloud of potential illegality around such unions.
Examining Personal Laws of Other Religions
Personal laws for religious communities other than Muslims also exist. The Hindu Succession Act of 1956 addresses property inheritance among Hindus, Buddhists, Jains, and Sikhs. The Parsi community adheres to The Parsi Marriage and Divorce Act of 1936, while the Hindu Marriage Act of 1955 codifies laws related to marriage among Hindus.
The Central Government’s Stance on Child Marriage
Indian law at the time of independence fixed the minimum marriage age at 15 for females and 18 years for men. The government raised these limits to 18 for women and 21 for men in 1978. In 2020, the Ministry of Women & Child Development established the Jaya Jaitly Committee, which recommended keeping the minimum marriageable age for both genders at 18 years considering factors such as reproductive health and education.
Proposed Changes to Current Legislation
In 2021, the Central government proposed the Prevention of Child Marriage (Amendment) Bill 2021 to raise the minimum marriage age for women—from 18 to 21 years—across all religions. According to the Union Minister for Women and Child Development, this will supersede existing marriage and personal laws once enacted.
International Laws on Child Marriage
Apart from Indian laws, international conventions mandate countries to fix a minimum legal age for marriage. However, child marriages continue to receive religious sanction in many parts of India. Key international conventions include The United Nations (UN) Convention on Consent to Marriage (1962), Minimum Age for Marriage and Registration of Marriages (1962), The UN Convention on the Elimination of All Forms of Discrimination against Women (1979), and The Beijing Declaration (1995).
